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A landlord sought clarification regarding the taxation of commercial premises leased to a religious association. The Directorate General for Tax (DGT) ruled that the transaction is subject to VAT as it does not constitute residential property, and that the tenant is required to apply Income Tax (IRPF) withholding.
Cuestión planteada - Tributación de la renta mensual en el Impuesto sobre la Renta de las Personas Físicas.
Los rendimientos del arrendamiento de inmuebles urbanos, si no son actividad económica, son rendimientos del capital inmobiliario. El arrendatario, al ser persona jurídica, está obligado a practicar retención en el IRPF salvo excepciones legales. Respecto al IVA, el arrendamiento de un local comercial está sujeto al impuesto, ya que la exención solo aplica a edificios destinados exclusivamente a vivienda.
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